Renter Warriors Insert

The law firms Shay Legal, APC, Swigart Law Group, APC, and The Law Office of Kevin Lemieux, APC, handle a wide variety of legal issues, including several landlord-tenant matters. Not all issues are the same. There are many different factors that can impact a potential claim and some of the information presented here could not apply to your specific circumstances. Please understand that all the information provided is just general information, and nothing here is intended to be legal advice. The following is a list of common issues that tenants may experience:

1. Rent Increases:

California generally limits the amount that rent can be increased.

Generally, rent increases are fixed by a legal formula, but cannot be more than 10%. Often, the limit is lower. Usually, a rent increase is limited to one increase every year.  City or local ordinances can provide more protection.

2. Habitability Issues:

California sets habitability standards for all residential tenancies, and it is generally a landlord’s obligation to maintain safety, sanitization, and health standards.  This means that the landlord is responsible for making repairs and maintaining common areas.  Tenants are responsible for notifying the landlord of unsafe, unsanitary, or uninhabitable conditions.  Conditions that make a rental unit uninhabitable include:

 

  • Leaky roofs or drafty windows.
  • Poorly maintained floors or railings.
  • Not maintained common areas, including trash, rodents/vermin, and weeds.
  • No heating.
  • No hot water or leaky plumbing.
  • Dangerous or unsafe electrical wiring.
  • Toxic mold growth
  • A working stove (as of this year).
  • A working refrigerator (as of this year).

 

Tenants experiencing the above issues or that received a notice of violation from a city or county official can contact an attorney immediately.

3. Entry / Privacy / Communication:

Landlords are only allowed to enter a tenant’s unit for certain reasons and with proper notice. A landlord is allowed to enter the rental to make necessary or agreed repairs, by court order, to show to potential tenants or buyers, for certain inspections (like water beds and smoke alarms, but not general inspections), or in the event of an emergency.  Emergencies can happen at all hours, but non-emergencies require adequate notice (usually at least 24 hours) and entry during normal business hours.

A landlord is not allowed to retaliate against or harass tenants for asserting their rights.  If you think you have been the victim of retaliation or harassment from your landlord, you can contact an attorney.

4. Lockouts / Evictions:

Lockouts should only happen with a court order.  It’s illegal for a landlord to just change the locks on their own and they can be held legally accountable if they do.

Unlawful detainers, otherwise known as evictions, are one of the lawful ways that a landlord may seek to terminate a tenancy. Unlawful detainer actions are very serious and fast-paced legal proceedings, with dire consequences for tenants that do not assert their rights or defend them. Common defenses include:

  • Defective notice
  • The landlord has not maintained habitability standards
  • The landlord is retaliating against the tenant
  • The landlord is harassing the tenant
  • The landlord is not following landlord-tenant laws

5. Security Deposits:

A landlord is required to notify a tenant of the tenants right to request an initial inspection.  The landlord must give the tenant time to correct issues identified in the initial inspection.  Within 21-days after the tenant moves out, a landlord must return the remaining portion of the security deposit and provide an itemized list of the deductions, with documentation (like receipts) of the work done.  A landlord is not allowed to charge a tenant for repairing damage that is the result of ordinary wear and tear.

6. Conclusion

If you think you have a case, please answer our questions by following the QR code at the end of this packet.

Be aware, there is a statute of limitations for your potential claims, so waiting too long can prevent you from pursuing recovery.